Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently with the payment in full of the principal of, premium, if any, and interest on Securities of a series, every Guarantor shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such series. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.
Appears in 10 contracts
Samples: ADT, Inc., ADT, Inc., TYCO INTERNATIONAL PLC
Release of Guarantee. Notwithstanding anything in this Article XV XIV to the contrary, concurrently with the payment in full of the principal of, premium, if any, and interest on Securities of a series, every Guarantor shall be released from and relieved of its obligations under this Article XV XIV with respect to the Securities of such series. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.
Appears in 8 contracts
Samples: Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp)
Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently with the payment in full of the principal of, premium, if any, and interest on Securities of a series, every Guarantor Parent shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such series. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor Parent from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor Parent under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities are paid in full, and each Guarantor Parent shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.
Appears in 5 contracts
Samples: Tyco International Finance S.A., Tyco Electronics Ltd., Tyco International Finance S.A.
Release of Guarantee. (a) Notwithstanding anything in this Article XV Sixteen to the contrary, concurrently with the payment in full of (i) the principal of, premium, if any, and interest interest, if any, on Securities the Notes and (ii) all other obligations of a seriesthe Company under this Indenture, every Guarantor each of the Guarantors shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such seriesSixteen. Upon the delivery by the Company to the Trustee of an Officer’s Officers’ Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the SecuritiesNotes, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor of the Guarantors from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest interest, if any, on such Securities the Notes and all other obligations of the Company are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest interest, if any, on such Securities the Notes and all other obligations of the Company under the Indenture are paid in full, and each Guarantor the Guarantors shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.
Appears in 4 contracts
Samples: Second Supplemental Indenture (Cooper Industries PLC), First Supplemental Indenture (Cooper Industries PLC), Second Supplemental Indenture (Cooper Industries LTD)
Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such series12. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 5.11(b).
Appears in 3 contracts
Samples: Indenture (General Cable Corp /De/), Indenture (Diversified Contractors Inc), Indenture (General Cable Corp /De/)
Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesFourteen. Upon the delivery by the Company to the Trustee of an Officer’s 's Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged under any circumstances set forth pursuant to Section 301.
Appears in 3 contracts
Samples: Indenture (Sinclair Broadcast Group Inc), WSTR Inc, Capital Automotive Reit
Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesFourteen. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 10.13(d).
Appears in 3 contracts
Samples: Penske Automotive Group, Inc., Indenture (Penske Automotive Group, Inc.), Indenture (Penske Automotive Group, Inc.)
Release of Guarantee. Notwithstanding anything in this Article XV VI to the contrary, concurrently with the payment in full of the principal of, premium, if any, and interest on Securities of a series, every Guarantor shall be released from and relieved of its obligations under this Article XV VI with respect to the Securities of such series. Upon the delivery by the Company Issuers to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company Issuers in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Issuers are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.
Appears in 3 contracts
Samples: Prime Security Services (ADT Inc.), Indenture (ADT Inc.), Prime Security Services (ADT Inc.)
Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesTen. Upon the delivery by the Company to the Trustee of an Officer’s 's Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the SecuritiesNotes, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 4.15.
Appears in 2 contracts
Release of Guarantee. Notwithstanding anything in this Article XV III to the contrary, concurrently with the payment in full of (a) the principal ofamount at maturity or such other amounts as cause the Indenture to cease to be of further effect pursuant to Section 8.01 of the Indenture and (b) all other obligations of the Company and the Subsidiary Guarantors under the Indenture, premium, if any, and interest on Securities of a series, every Guarantor the Successor Issuer shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such seriesGuarantee. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this the Guarantee was made by the Company in accordance with the provisions of this the Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each the Guarantor from its obligations under this the Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such the Securities (including Liquidated Damages, if any), and all any other payment obligations of the Company to the Holders under the Indenture or the Securities are revived and reinstated after the termination of this the Guarantee, then all of the obligations of each Guarantor the Successor Issuer under this the Guarantee shall be revived and reinstated as if this the Guarantee had not been terminated until such time as such amounts on the principal of, premium, if any, Securities and interest on such Securities all other obligations of the Company under the Indenture are paid in full, and each Guarantor the Successor Issuer shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, Guarantee evidencing such revival and reinstatement.
Appears in 2 contracts
Samples: Indenture (Cimarex Energy Co), Indenture (Magnum Hunter Resources Inc)
Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesXIII. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged under any circumstances set forth pursuant to Section 3.1.
Appears in 2 contracts
Samples: Note (Capital Automotive Reit), Reconciliation And (Capital Automotive Reit)
Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently with the payment in full of the principal of, premium, if any, and interest on Securities of a series, every Guarantor Guarantors shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such series. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor Guarantors from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities are paid in full, and each Guarantor Guarantors shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.
Appears in 2 contracts
Samples: IPERIONX LTD, Piedmont Lithium LTD
Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every each Guarantor shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such seriesTwo. Upon the delivery by the Company to the Trustee of an Officer’s Officers' Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this the Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate upon a merger or consolidation of Guarantor with the Company, in accordance with Article Eight. This Guarantee shall be automatically and unconditionally released and discharged upon the occurrence of any of the conditions set forth in Section 1013(d) of the Indenture.
Appears in 2 contracts
Samples: Tenth Supplemental Indenture (Playtex Products Inc), Playtex Products Inc
Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every the Guarantor shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such series5. Upon the delivery by the Company to the Trustee of an Officer’s Officers’ Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each the Guarantor from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each the Guarantor under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each the Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.
Appears in 2 contracts
Samples: Indenture (Bowater Inc), Indenture (AbitibiBowater Inc.)
Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of -------------------- all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such seriesTwo. Upon the delivery by the Company to the Trustee of an Officer’s Officers' Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this the Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate upon a merger or consolidation of Guarantor with the Company, in accordance with Article Eight. This Guarantee shall be automatically and unconditionally released and discharged upon the occurrence of any of the conditions set forth in Section 1013(d) of the Indenture.
Appears in 2 contracts
Samples: Supplemental Indenture (Playtex Products Inc), Supplemental Indenture (Playtex Products Inc)
Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesEight. Upon the delivery by the Company to the Trustee of an Officer’s 's Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Supplemental Indenture and the SecuritiesNotes, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 3.9. -71-
Appears in 1 contract
Samples: Canandaigua LTD
Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently with the payment in full of the principal of, premium, if any, and interest on Securities of a series, every Guarantor each of Holdco and Parent shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such series. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor of Holdco and Parent from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor of Holdco and Parent under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities are paid in full, and each Guarantor of Holdco and Parent shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.
Appears in 1 contract
Samples: Covidien Ltd.
Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesFourteen. Upon the delivery by the Company to the Trustee of an Officer’s 's Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 1014(c).
Appears in 1 contract
Samples: Salem Communications Corp /De/
Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesFourteen. Upon the delivery by the Company to the Trustee of an Officer’s 's Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 10.14(d).
Appears in 1 contract
Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently with the payment in full of the principal of, premium, if any, and interest on Securities of a seriesseries guaranteed by Tyco pursuant to Section 2.01, every Guarantor Tyco shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such seriesXV. Upon the delivery by the Company to the Trustee of an Officer’s Officers’ Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor Tyco from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor Tyco under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities are paid in full, and each Guarantor Tyco shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.
Appears in 1 contract
Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesThirteen. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 1013(d).
Appears in 1 contract
Samples: Penske Automotive Group, Inc.
Release of Guarantee. Notwithstanding anything in this Article XV Sixteen to the contrary, concurrently with the payment in full of (i) the principal of, premium, if any, and interest interest, if any, on Securities the Notes; and (ii) all other obligations of a seriesthe Company under this Indenture, every the Guarantor shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such seriesSixteen. Upon the delivery by the Company to the Trustee of an Officer’s Officers' Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the SecuritiesNotes, the Trustee shall execute any documents reasonably required in order to evidence the release of each the Guarantor from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest interest, if any, on such Securities the Notes and all other obligations of the Company are revived and reinstated after the termination of this Guarantee, then all of the obligations of each the Guarantor under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest interest, if any, on such Securities the Notes and all other obligations of the Company under the Indenture are paid in full, and each the Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.
Appears in 1 contract
Samples: Nabors Industries LTD
Release of Guarantee. Notwithstanding anything in this Article XV XVI to the contrary, concurrently with the payment in full of the principal of, premium, if any, and interest on Securities of a series, every Guarantor shall be released from and relieved of its obligations under this Article XV XVI with respect to the Securities of such series. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.
Appears in 1 contract
Samples: Indenture (ADT, Inc.)
Release of Guarantee. Notwithstanding anything in this Article XV VI to the contrary, concurrently with the payment in full of the principal of, premium, if any, and interest on Securities of a series, every Guarantor shall be released from and relieved of its obligations under this Article XV VI with respect to the Securities of such series. Upon the delivery by the Company Issuer to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company Issuer in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Issuer are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.
Appears in 1 contract
Samples: Intercreditor Agreement (ADT Inc.)
Release of Guarantee. (a) Notwithstanding anything in this Article XV Sixteen to the contrary, concurrently with the payment in full of (i) the principal of, premium, if any, and interest interest, if any, on Securities the Debentures; and (ii) all other obligations of a seriesthe Company under this Indenture, every Guarantor each of the Guarantors shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such seriesSixteen. Upon the delivery by the Company to the Trustee of an Officer’s Officers’ Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the SecuritiesDebentures, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor of the Guarantors from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest interest, if any, on such Securities the Debentures and all other obligations of the Company are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest interest, if any, on such Securities the Debentures and all other obligations of the Company under the Indenture are paid in full, and each Guarantor the Guarantors shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.
Appears in 1 contract
Samples: Cooper Industries LTD
Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such series12. Upon the delivery by the Company to the Trustee of an Officer’s 's Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 5.11(c).
Appears in 1 contract
Release of Guarantee. Notwithstanding anything in this Article XV Sixteen to the contrary, concurrently with the payment in full of (i) the principal of, premium, if any, and interest interest, if any, on Securities the Debentures; and (ii) all other obligations of a seriesthe Company under this Indenture, every the Guarantor shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such seriesSixteen. Upon the delivery by the Company to the Trustee of an Officer’s Officers' Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the SecuritiesDebentures, the Trustee shall execute any documents reasonably required in order to evidence the release of each the Guarantor from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest interest, if any, on such Securities the Debentures and all other obligations of the Company are revived and reinstated after the termination of this Guarantee, then all of the obligations of each the Guarantor under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest interest, if any, on such Securities the Debentures and all other obligations of the Company under the Indenture are paid in full, and each the Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.
Appears in 1 contract
Samples: Cooper Industries LTD
Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesThirteen. Upon the delivery by the Company to the Trustee of an Officer’s 's Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged under any circumstances set forth pursuant to Section 301.
Appears in 1 contract
Samples: Indenture (WSTR Inc)
Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesThirteen. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and and, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 1013(c).
Appears in 1 contract
Samples: Indenture (United Auto Group Inc)
Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently (a) Concurrently with the payment in full of all of the principal ofIndenture Obligations, premiuma satisfaction and discharge of this Indenture pursuant to Section 9.01 or a legal defeasance of this Indenture pursuant to Section 9.03, if any, and interest on Securities all of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such series10. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee such obligations was made by the Company in accordance with the provisions of this Indenture and the SecuritiesNotes, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its obligations under this Guaranteetheir obligations. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations Indenture Obligations of the Company Guarantors are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor the Guarantors shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.
Appears in 1 contract
Samples: Constellation Brands, Inc.
Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesFourteen. Upon the delivery by the Company to the Trustee of an Officer’s Officers' Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 1013(b) or as otherwise provided in this Indenture.
Appears in 1 contract
Samples: Brooks Pharmacy, Inc.